Law Commons^™

Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review

Michigan Law Review

This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine

Book Chapters

Following is the partial text of an address delivered at the August 10, 1970, meeting of the American Bar Association's Section of Labor Relations Law by Theodore J. St. Antoine, Professor of Law, University of Michigan, and Secretary of the Section of Labor Relations Law of the American Bar Association. The portion of the address reproduced deals with the Supreme Court's Boys Markets decision relating to injunctions against strikes in violation of no-strike contracts and the Court's H. K. Porter decision involving the NLRB' s authority to order a party to agree to a substantive provision in a collective bargaining …

Labor Law--The Permissible Scope Of The National Labor Relations Board's Rule Against Relitigation, Michigan Law Review

Michigan Law Review

Under section 9 of the National Labor Relations Act (NLRA or Act), the National Labor Relations Board (NLRB or Board) is charged with the responsibility of determining what group of employees constitutes an appropriate unit for purposes of collective bargaining with an employer. While the Board itself originally handled representation petitions and determined appropriate bargaining units, Congress in 1959 amended the NLRA and authorized the Board to delegate its section 9 powers to the regional directors in order to expedite NLRB operations. Pursuant to this authorization, and in accordance with its rule-making authority under section 6 of the Act, the …

The Consent Of The Governed: Public Employee Unions And The Law, Theodore J. St. Antoine

Book Chapters

The major development in labor relations legislation during the past decade was the veritable eruption across the country of state statutes providing for the unionization of public employees. Wisconsin led the way in 1959 by 'imposing the duty to bargain on municipal employers. Ten years later, by my count, 22 states had passed laws authorizing some form of collective bargaining for either state or local employees, or both. An additional ten or so states have prescribed bargaining procedures for certain specified categories of employees, such as firemen, policemen, teachers, or public transit workers. All told, over two and a half …

Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine

Articles

The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …